The evening world., 1887-10-14

ton of the law and the protection of So
ciety to become COMPOUNDED with venge-
ance for the injured parties.
The sixth day of the trial was beginning,
and Counsellor Howe appeared in his sixth
suit. solomon in all his glory was not ar
rayed like him, and words fail for q descrip-
ton of his msgnifcence. Col. Fellows wore
a white waistcoat,, q new silk hat and q
brand-new overcoat. Edward Hahn, again
freshly shaved and combed, listened to the
charge with an anxious expression on his
face, which showed also signs of WEAKNESS
consequent on the strain on his nervous sys-
tenn during the trial. His eyes never left
Judge. Cowing's face, and every juror was as
attentive as he.
These sixteen men, the principals in this
drama which began in o tragedy on June 2
and might end IND tragedy, appeared 70 be
alphabetically impressed with the eolem-
nifty Of their various parts.
Judge Cowing begun his charge at 11.05
O'Clock, and IN the course OF his charge these
points were touched:
Edward Hahn ia on trial for murder In the frst
degree, and 1t Is q matter of great importance TO
man was a policeman, bat he must be shown no
partially because he was q policeman; he must be
treated as a citizen on trial for the same crime.
son wounded was imprudent and might have recov-
cred had he been more careful, 1t ia still murder.
or fastened the death Of John Hussey, then Il Is
murder. For the law says that q man Is entitled
10 every nOur OF mis- lie.
II the killing was done with a deadly weapon In
the heat Of passion, but Internationally; then your
verdict must be murder In the second degree. The
defendant says he was hit with q missile. You
must determine II that was enough TO rouse the
heat Of passion.
II the killing was with a deadly weapon in the
heat Of passion. but without intent, then It was
manslaughter In the first degree. II 1t was with
other than a deadly weapon, without intent, In the
heat OF passion, then II was manslaughter In the
second degree.
In conclusion, don't stine your conscience, but
try to come TO a conclusion. I say this as well for
the defendant as for the people. Do not throw the
expense OF another trial by u disagreement back
The evidence Of Or. scholer and o'Hanlon shows
that they traced the death to the absccss, the
abscess to the wound, and ! ask you II there is any
sworn positively to the death Of John Hussey, but
" you ind that John Hussey died from other
Now we turn to the main defense-justinable
homicidG i does not gain force by any, statute.
Every man has a right to defend himself. When
when apprehensive Of a design of the slain to
commit a felony, or to do some great personal
diate danger that such design win be accomplished,
he may kill. He must decide, however, at his
himself in danger, but the facts and circumstances
must be taken Into consideration by the jury and
they must decide whether there was reasonable
danger.
The defendant must exhaust every means OF
escape. There must be an apparent necessity for
staying.
At the request Of Mr.. Howe, Judge Cowing
charged that " where to flee would be more
dangerous than to stand, a man must stand
his ground and defend himself"
Other points were emphasized mt Mr..
Howe's request. and the case was given to the
jury at ~. 40 and they retired.
The jury We're out just one hour when
there was a rustic in the Courtroom, and
preparations were made for their reception.
Hahn was brought in from the pris-
oners' box, and he figeted nervously with his
hands and his eyes were cast upon the floor
until the jury-roll was called; then his eyes
sought and remained on the ceiling.
His face was pale and there was fright in
his countenance.
Foreman Carpenter responded TO the usual
that the jury had agreed upon a
verdict, and added, 1t is not guilty"
The jury was discharged and friends of
graduation. A young woman rushed
up to him and, throwing her arm about
his neck, rained kisses on his face. He walked
suit of cOlrt between two young women and
surrounded by his friends.
Tho jury had but three ballots. On the
first there were nine votes for acquittal, two
for manslGughter in the first and one for
manslaughter in the second degree. The
second ballot one voted for conviction and
the third ballot was unanimous.
Hahn will not be taken back to duty on the
police force until Supt. Murray receives an
oficial report of his acquittal and a copy
of the papers. Then he will be tried by the
Police Commissioners for being off post aud
drunk and dismissed from the force. His
a~cquittal grieved the police officials,
The evidence showed" said one, that
he was more agile than Hussey, had from
TO twenty feet start of him aud could
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